Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1887-11-23


Secretary of State.
WE print in another column a letter
from Chief Justice Comegys explaining
the reason for the long session of Court
OF this county which ran through a
period of three weeks. The letter
was a personal one, not written for
publication, but yielded for this pur-
pose at our request. We desired this
Tor two reasons; first, to do the Judge
and his Associates justice flor even the
Court which dispenses legal Justice
may be cited for hearing itself before
the public assize whose forum is the
newspaper and secondly, to explain
to jurymen and others the reason wbv
without the knowledge of serious
cases of litigation, they were for three
successive weeks required to leave
their business and repair daily to the
county seat. 1t was just to them to
know this, and we are glad. though
not intending it, of being the means
OF bringing out this information. Tn
writing our brief editorial in our last
issue we had no personal feeling in the
case for we have no occasion: in the
panorama of events of the week. so to
speak, which passed before the editor
ial vision, it was sufficiently marked
and prominent to attract attention
Editors find themselves catching ON
to the prominences in the weekly pro-
cession simply because they are editors.
whereas, were they in another pur-
suit would let them pass, perchance.
unn oticed.
This editorial outlook NAV some
times see things when it would be bet
ter to have the eyes shut: such is
apparently the case with the late
court, at least with some of the parties
interested. We hasten to correct a
popular error which we had nothing to
do in originating, but have to bear the
responsibility for simply catching
on" as it passed by.
If of no concern to the honorable
members of the court how we canobt
the thing " on the fly" it is to us lwbo
were not at the court and the large
class who after passing the inquiry
from one to another are still in won
derment at the cause of the long ses-
sion. The idea of the $500 a dav to
the judges having something to do
with it first cropped out in the news
paper correspondence from that town
some of whom have very large optics
secondly, this was broadly limited as
the cause by a newspaper printed not
far from the courthouse; and thirdly
and what made more impression than
the two reasons above, such an ex-
preston was given by a member of
the bar to an attendant on the court.
The clear presentation of our Chief
Justice, as will be shown by a careful
reading of his letter, seals the Iips of all
these carping critics.
So much for the per diem business
But while the question of court and
court trials is open for investigation
which is not often the case. we hone
we will not be considered i'm. |
pertinent to refer to another thing
that "a much more frequently /
caught the editorial ear as we'll as |
eye. That is, the slow proceedings in
allowing the attorneys to waste the
time by sparrings, citations, repetitious
questionings, &C., in cases often hardly
of sufficient dignity to be tried before a
magistrate. The ear of others besides
the editor often hears comparison
brought between this court and that |
court and the way in a certain place
they dispatch business. There are
times as between the lawyers and the
people, when the interests Of the latter
demand that the judge shall sit as an
autocrat. Or more properly, that he
shall hold the reins firmly in hand and
with stiff bit ready at any moment in
the interest of justice to give the Jaw a
witch. Agentleman who wasa young
deputy sheriff when Thomas CLAYTON
was Chief Justice tells US that he knew
him TO try ten cases in a day. On one
occasion when an attorney was unnee-
essarily badgering a witness and vast
ing time, he called out to him. Mr.
, you have asked the witness
that question three times; if you have
no further business with him send him
to his seat and call another" Now. if
the legal fraternity would use the fac
ulty of catching ON which necessity
has taught the editor, there would
hardly be the necessity for another
three weeks session Of court.
To~MoRBow has been designated by
the President Of the United States and
eba c,,,,o,.,,o,. 90 1,,. cstt